HomeMy WebLinkAbout02170 ORD - 10/21/1947AN ORD.T11TA—C;;
�OII:'i C`,'I1SG THE TERMS OF THE LEA E" BET -&MEN TITIl
CITY OF CORPUS C'L:IS'TI AND JOHN N. TINON POST
11 TTLA Ta OF M EIGI ; -TARS, A ii DIRECTING
T ING 9,
:11,11) nU'TFORIZI'3G TIIl;; CITY 7U- OTT&G:R TO B, CTTTE F R
YCL'M ON BEHALF OP Tai; CITY SAID CORRi�,CTED LEASE
ATTD DECL$ ?1117G AN 2
I Di.'RG'EP;CY.
l REAS, on the 23rd day of February, 1937, the City of
Corpus Ghristi entered into a lease with John N. Timon Post Eo. 2397,
Veterans of Foreign - :Pars, covering the tract of land known as the
"Plaza" and through mistake or error wrong field notes were inserted
in such lease; and,
3, it is desired that said lease be corrected by the
insertion of proper field notes covering the land which was intended
to have been leased;
110ST TI=FORE BE IT ORDA.D.ED BY TEL CITY COLITUIL OF Till: CITY
OF COR.JS CILPISTI, TE 1S:
SECTION 1. That the City ianaIer of the City of Corpus
Christi, Texas, is hereby authorized and. directed to enter into an
agreement with John E. Tinon Post Ko. 2397, Veterans of Foreign T`dars,
correctinE said lease between the parties dated February 23, 1937, a
copy of said corrected agreement beinL, ati:aclied hereto and made a part
hereof for all intents and purposes and reading as follows, to- :grit:
2170
0
THE STATE OF TEAS Q
COUNTY OF NDSCES
This agreement made and entered into this day of
October, A. D. 1947, by and between the City of Corpus Christi, Texas,
hereinafter called "City" and John N. Timon Post No. 2397, Veterans of
Foreign :lard of Corpus Miriati. Nueess County, Texas,
W S T N E S 3 E T H
iV&RCAS, on the 23rd day of February, 1937, the City entered
into a contract leasing, for a parted of thirty (30) years beginning
April 1, 1937, and ending on the lot day of April, 1967, a oartain
tract or parcel of land known as the "Plaza" for which the lessee was
to have the right to build an said tract a club house end meeting place
for the &aid John H. Timor Poet No. 2397, Veterans of Foreign Wars; and,
MM HASP in the execution of such lease there was a mistake
in drafting of same in that the proper land intended to be leased to
the lessee was not correctly described by mates and bounds, but anotY,er
tract of land, being a portion of San Juan Street was described; and,
,IIMRAS, the City, and the lessee desire to reform and correct
the lease to the said lessee so that saes will reflect the true inten-
tion of the parties therstol
NOW, THMWWORE, KNOW ALL MOT BY TKESt, ?RFS- TdTS s
1. That the City does hereby ratify and confirm the lease to
the lessee dated February 23, 1937, and it is hereby agreed that the
said lease shall Corer the following described premises, being a certain
tract of land lying in Nusess County in the City of Corpus Christi, des-
cribed as follows, torwitt
Being a tract of land 147 feet in width and 170 feet in length out of Los
Angles dills, an Addition to the City of Corpus Christi, Nueces County,
Texas, known as the Plaza and more particularly described as followas
Beginning at tho northwest corner of lot ". Block 2, Loa Angolan Hills
Addition;
Thence N 880001 E with the north boundary, line of said Lot L4, a distance
of +52.00 feet to a point. Thence N 2000, W crossing South San Juan Street
a distance of 30 feet for the southeast corner of this tract and beginning
of this description; Thence S 880001 with the north R.C.N. line of south San
Juan Street a distance of 147 feet for the southwest corner of this Tract.
Thence ZN 20MI W a distance of 170.01 feet for the northwest corner of
this description; Thence N 880009 4 with the south M.A. line of North
San Juan Street a distance of 1117 feet for the northeast corner of this
Traots Thence 3 20009 E with the meet F-O.W. line of a 30 foot street a
distanoo of 170.02 feet to the place of beginnings save and except that
portion now occupied by Yort Avenue.
2. For and in consideration of the above promisee the John
iYw. Tinton Post Ho• 23970 Veterans of Foreign Wars, agrees to pay the
City of Corpus Christi rental of One Dollar (tI.00) per year at the
office of the City secretary in the City )tall, due and payable in advance.
3. It is agreed and understood that the lease of this land
is mads sole],,! to -Whe John 'S. Ti.mon boat No. 2397, Veterans of Foreign
Aare, Per :tie "oiusive purpose of building, erecting, and maintaining
a club house arid ,neetin& place thereon; chat if said purpose be aban-
doned, this said lease shall thereupon become of no force and effect,
and the con +.rant small be considered at an end. And provided further
that t w use of said premises for a co=ercial purpose shall so operate
as to forfeit said lease.
4. That said d'ohn N. Tinton i -ost _ic. 2397, Veterans of Foreign
Wars, is not to sub -let the said promises, or any part thereof, without
written consent from the City, provided however, that said party may
and shall be permitted to temporarily lease or rent said promises to
other organizations, associations, fraternities and lodges for short
durations of time without such written consent.
5. This agreement is in lieu of and is to be a correction and
ratification in that the proper description of the land leased In herein
set out, of the previous lease dated February 23, 1937, between the City
of Corpus Christi and the loss".
EXSC1TTED in duplicate this day of October A.D., 1947-
CITY OF CORPUS CHRISTI, TEXAS
By
ATTESTt city manager
Ci7y georstary
Jo ffl N. TIMOR PAST NO. 2397,
VE79WS OF FOREIGN WARS
aTTEST: BY
TdE STATE OF TEXAS I
COUNTY OF 14 ONS
Before me, the undersigned authority, oa t Us day personally
appeared Vii. d, Allen, knanm to ms to be the person whose name is sub -
noribed to the foregoing instrument, and acknowledged to as that he
executed the same as the act and deed of the Cit-j of Corpus Christi,
Texas, and as the City= Manager thereof, and for the purposes sad ooasider-
ations therein expressed.
GIVEN under my hand and seal of office, th:s the day of
Oatober, 1947•
Notary Fablio In and for
Nusoes county, Texas
SECTION 2. The necessity for correcting and ratifying the
error set out in the ordinance which was made and passed and the fact
that it is essential to keep the City records properly constitutes
a public emergency and public imperative necessity requiring the
suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date it is introduced and that such ordinance
or resolution shall be read at three several meetings of the City
Council, and the Mayor havin0 declared that such public emer�;ency and
imperative necessity exist, anti Navin; requested that such Charter
rule be suspended, and that 'this ordinance be passed finally on the
date of its introduction and take offect and. be in full. force and
effect from and after its passage, IT IS _ C'UC -R E-1GLY �0 Q'-D J3—'ED.
PAS,CCil ''-n .Ua Ili - -VZC this 7-f day of October, A. D. 11)47•
2AY ,
City of Corpus Christi, 'Texas
::T TEST
Cif* Secretary
AFPl OUrD AS TO LEG ?,L PORT':
Corpus Christi, Texas
October }/ , 1947
10 THI ?:::,L.fBll'S OF THS CITY CC;T.PeCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the
foregoing ordinance, a public emergency and imperative necessity
exist for the suspension of the Charter rule or requirement that no
ordinance or resolution shall be passed f.inallz- cn the date it is
introduced, and that such ordinance or resolution stiall be read at
three meetings of the City Council; I, therefoxe, hereby request that
you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting, of
the City 0ouncil.
Respectfully,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
gesley Seale
George R. Clark_, Jr.
U
John P.. Ferris
R. R. Henry
Joe T. Dawson _,{4—
The above ordinance was passed by the following vote:
171 sley �. Seale
George R. Clark, Jr. ATr,
John .1. Ferris
y
Henry ,1�,,,✓
Joe T. Dawson
2-170